Loading...
HomeMy WebLinkAbout1999-21a ate, Claire Murray 1999-21 f 100 d D o a i i 1 I I 1 e, 1. , p ; All nin j ` . :_. ` ram-',\\• t' OA) r•,r f 4 r A 1, ' Y _ ry! i t Sri ;. rr'J „ i m iiii ::T UU 11 T R c / t r- y 11 I r^i ISO- 4 26 Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal Number 1999'21 -Murray Use Variance to Section 3'1.4(l) Principal Permitted Uses Summary: A Special Permit pursuant$o Section 4-4.5(2) Expansion mfaPre-Existing Nonconforming Use was Granted with Conditions Petitioner: '- Claire Murray Property Address:77O&78O Main Street(Route GA).West Barnstable AasasaoeeMmp/PanceU: Map 15O. Parcel O1G krao:1.45acnoo Building Area: Residence'3.7OBsq.ft.. Barn/Retail Shop'G.O2Osq.ft. Zoning: RF Residential FZoning District Groundwater Overlay: AP Aquifer Protection District Background: The property that is the subject of this appeal consists of a1.45 acre lot off Route 6AinWest Barnstable and im commonly addressed ns77O and 70O Main Street. The site is improved with two structures; a two- story single-family residence and a 1.3 story store/shop bui|ding' The property iolocated in FlF Residential Zoning District and is serviced by a private well and a private septic system. The applicant ie seeking permission bo convert the first floor of the single-family dwelling ho offices with a single residence above. No exterior changes are proposed. Offices are not on allowed use in the RFDistrict. The applicant is, therefore, requesting a Use Variance to Section 3-1.4(1)ofthe Zoning Ondinonms-Prinnipo| Permitted Uses-ho allow 3 offices on the first floor of the residential structure and o single residence on the second floor. Procedural Summary: This appeal was filed ot the Town Clerk's Office and ot the Office of the Zoning Board of Appeals on December O4. 1SS8. A 60 day extension of time for holding the hearing and for filing of the decision was executed between the applicant and the Board Chairman. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened February 17, 1999, at which time the Board granted a Special Permit pursuant to Section 4-4.5(2) Expansion of a Pre-Existing Nonconforming Use, with conditions. Because oSpecial Permit is less stringent than a Use Variance, the Board has the authority to grant a Special Permit under a Variance application. Hearing Summary: Board Members hearing this appeal were Gene Burman, Ron Jansson, Gail Nightingale, Elizabeth Ni|noon. and hainnanEmmo G|ynn A onneyJohn Alger represented the app|icont. <|aipe Murray. A orneyAlger aubrn|adKAs. K8unay'ncatalogue and some photographs of the site. Attorney Alger reported the applicant bought this property 2-3 years ago, and oughtohem/aabuyinga retail shop and a three family dwelling. She went to the Building Commissioner and was told the use of According to assessor's records dated 09/18/98 I Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1999-21 -Murray Use Variance to Section 3-1.4(1)Principal Permitted Uses the barn as a retail store is a pre-existing nonconforming use, but the apartments were illegal as this is only a single family home. She also learned the two lots had merged under zoning. Ms. Murray fixed up the property and put an apartment on the second floor for employees only. Currently, her daughter lives in that apartment. The barn is used as a display shop for her fabrics, rugs, wallpaper, materials, towels, etc. The applicant is proposing to use the first floor of this dwelling as a"designer workshop". Attorney Alger stated he called them"offices" but that is a misnomer. This area is not to be used as a typical office- such as an office for a lawyer, doctor, or realtor-but rather a design studio. This is where the employees will sit and design the fabrics and/or materials to be used by the shops Ms. Murray owns(at various locations)or sold to individuals. The only work to take place in this building is that of design and fabric work. There will be no advertising, no customers, and no retail. Ms. Murray [by letter] stated, "there are six artists on staff and I [Ms. Murray]am trying to create a harmonious atmosphere conducive to the creative process. This studio is closed to the public, there is no marketing or manufacturing taking place on the premises." Attorney Alger showed a sample of the work-templates-they would make in this design studio. At the site, there will be 5 or 6 employees. This use will not generate any additional traffic to the site. There will be no signs. The two lots have merged under zoning, and the house is not suitable for a single family residence because of the proximity of the store next door. The applicant is agreeable to having this use limited to her only and therefore not transferable. There are two letters of opposition in the file; one from Mark S. Wirtanen and one from James T. McCarthy. The letter from Mr. McCarthy states he is concerned that this would be an office use. Attorney Alger reiterated that this is not to be an"office", but rather a design studio. Nothing will change on the exterior-no traffic- no customers-no signs. The business is located in the barn and is a pre- existing nonconforming use. As to Variance conditions pursuant to MGL Chapter 40A, Section 10, Mr. Alger stated that because of the shape of the lots-which have merged, the proximity of the house to the barn, and the common entrance for both the house and the barn, these are all unique conditions that exist that affect the locus but not the zoning district in which it is located. To allow the building to be used as a single family residence on the second floor for employees only would not be detrimental to the public good or neighborhood affected. The use of the property as a design studio for Claire Murray with no advertising, no customers and no signs would actually stabilize the neighborhood and prevent further expansion. The relief may be granted without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance. Attorney Alger indicated there will always be either an employee of Claire Murray or a family member living in the house. It will never be rented to the general public because there is common access to both the studio and the apartment. Attorney Alger questioned if a Use Variance was the proper relief or should the applicant instead be seeking a Special Permit to expand the pre-existing nonconforming use. The Board and Attorney Alger discussed this option. The applicant applied for a Variance, but since a Special Permit is less stringent, the Board has the authority to grant a Special Permit under a Variance application. As to the requirements of a Special Permit pursuant to Section 4-4.5(2) Expansion of a Pre-Existing Nonconforming Use, this is a single(by virtue of merger) nonconforming parcel, and the applicant is seeking an expansion of the pre-existing nonconforming use to allow the design studio portion of the operation to move into the first floor of the single family residence. This expansion will not be more detrimental to the neighborhood and the proposal meets the requirements of Section 4-4.5(2)(A) thru (D). The proposal received Site Plan Review approval on September 24, 1998. The proposal does not need approval from the Old Kings Highway Regional Historical Committee as there will be no exterior changes. The applicant was informed [today)[but letter]that she must apply for a Certificate of Exemption for the stone wall she recently constructed. 2 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1999-21 -Murray Use Variance to Section 3-1.4(1)Principal Permitted Uses The Board asked about the parking spaces in rear. They were required by Site Plan Review on the basis of three offices. Attorney Alger reported that he does not need all those spaces but was told he had to put them in. They do not intend to actually construct the spaces in the back-they are just on the plan to satisfy Site Plan Review. They have plenty of parking spaces now and do not anticipate the need for additional spaces. The barn has its own separate parking area. The Board Members were concerned with the number of parking spaces. They too, do not feel that this many spaces are needed. Public Comments: Clyde Streeter, an abutter, is concerned with the parking. He does not want that many parking spaces. Evelyn Grady does not want an office use on this site because she feels it will generate more traffic to the site. Mark Wirtanen read his letter of objection into the record. He does not want to turn a home into an office as it will increase traffic and crime in the village. William Adams does not want more parking spaces and he does not want an expansion of the property. No one else spoke in favor or in opposition to this appeal. Findings of Fact: At the hearing of February 17, 1999, the Board unanimously found the following findings of fact as related to Appeal No. 1999-21: 1. The property in issue is two parcels of land, owned by Claire Murray, in the RF Residential F Zoning District. The two parcels merged due to the doctrine of merger and are known as 770 and 780 Route 6A, Barnstable, MA, as shown on Assessor's Map 156, Parcel 016 and consists of 1.45 acres of land. 2. This area is the.most rural area in the Town of Barnstable and deserving of being preserved because of its rural ties, rural history, and overall scenic beauty. 3. There exists on this lot-by merger-a barn, which has been operated as a retail shop and this shop is a pre-existing nonconforming use. There also exists on this lot a residential dwelling consisting of 3,708 square feet. 4. Presently, the barn/shop is being used as a retail store that sells specialized fabrics-a use that is pre-existing nonconforming. 5. The Petitioner's application seeks a Use Variance to Section 3-1.4(1) Principal Permitted Uses, but a lesser modicum of relief would be an expansion of a pre-existing nonconforming use. 6. The Petitioner seeks to have no more than six(6)employees located at this particular site, in this particular residential building. 7. The proposed uses are accessory to the existing use of a retail fabric store. 8. The Petitioner has met with Site Plan Review and received approval based upon a significant increase in parking spaces on this otherwise rural site. The number of parking spaces that have been suggested by Site Plan Review are not necessary, and that many parking spaces would be detrimental to the neighborhood as well as objectionable. 9. The proposed expansion of the nonconforming use in the existing building -abutting the building which is used for the nonconformity -would not be detriment to the public good or neighborhood affected nor would it be objectionable. Although this is a residential district, the property is located on Route 6A, a State Highway. 10. Despite comments made, office space in West Barnstable is at a premium, and there is no existing office space available in this area. 11. The relief may be granted without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance since this is a use that would be accessory to the existing use and would not present a detriment to the community. 12. The proposal complies with Section 4-4.5(2)(A)thru (D) -An Expansion of a Pre-existing Nonconforming Use. Decision: Based on the findings of fact in Appeal Number 1999-21, a motion was duly made and seconded to grant a Special Permit to operate the residential structure for purposes of containing not more than six (6) employees on site for a design studio for fabrics and subject to the following terms and conditions: 3 f Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1999-21 -Murray Use Variance to Section 3-1.4(1)Principal Permitted Uses 1. The existing parking area is not be expanded. There are now twelve (12) parking spaces that surround the existing barn and no further parking spaces are to be created. 2. The use-at all times-will be accessory to, and subordinate to, the primary retail use of a fabric store. 3. There shall be: no additional signage permitted on site no exterior changes no advertising no public access no manufacturing or marketing from this site. 4. The use of the second floor of the single-family residential dwelling shall be limited to one(1) single- family residential unit only. Discussion: The Board discussed whether this Special Permit should be restricted to just Claire Murray. It was decided that since the use is very restricted and limited to only this type of business, i.e. a'fabric design studio, it was not necessary to limit it to just Claire Murray. The Vote was as follows: AYE: Gene Burman, Ron Jansson, Gail Nightingale, Elizabeth Nilsson, and Chairman Emmett Glynn NAY: None Order: Appeal Number 1999-21 has been Granted with Conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty 20)days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk. 3 - / --' Emmett Glynn, Chairman Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day o under the pains and penalties of perjury. Linda Hutchenrider, Town Clerk 4 Planning Labels 22-Jan-99 ReINo mappar ownerl owner2 addr city state zip 21 156 015 ADAMS, MALCOLM H & STREETER, CLYDE B & ELLEN 820 ROUTE 6A W BARNSTABLE MA 02668 D 156 016 MURRAY, CLAIRE A P 0 BOX 450 OSTERVILLE MA 02655 0 156 017 ADAMS, WILLIAM B 820 ROUTE 6A W BARNSTABLE MA 02668 p 156 032 MCCARTHY, JAMES T & BETTY J P 0 BOX 715 W BARNSTABLE MA 02668 0 156 059 001 MERIAM, WORCESTER & MERIAM, PAMELA G BOX 474 W BARNSTABLE MA 02666 0 156 060 RISNER, EVELYN C & CARLSON, RE %GRADY, EVELYN C & CARLSON, RO 775 MAIN ST W BARNSTABLE MA 02668 0 156 061 CARLSON, MARY B BEDNARK, CHRISTINE 40 PLEASANT PINES AVE CENTERVILLE MA 02632 V" 0 156 062 BEDNARK, CHRISTINE 40 PLEASANT PINES AVE CENTL•RVILLE MA 02632 0 156 063 STREETER, CLYDE B & ELLEN L 756 MAIN ST W BARNSTABLE MA 02668 1 SCa - 03 1 IS( oS4 • cow 1 s Proof of Publication. 5 _ a Zortr 8 l ie d Of ON 0" KA 14 m oe of f ibhc "'?"4 U06-0 Tho Zafull Ordinance 1F FebruarT 4T, 10" 4w M Ta Pa i tnterted m Err affected:by thQ$oard of Appeals order Seer 11 of Chapter the of tFie Corrsxronwe th of Ma aadtusgtte end 811amendmentsttheetoyouarkheri<by notrfiet tftet t 7 4R f M Murray: APp Nurrikr t $1 PMay applied to the;orun .bo d of Appes for a tJrra Venene to Section 3 f?! grrmtted lfses t4 petmft an ofFica on the firsf floor of the exrsting§fructurrFs : wr#f a err g resrden>re a The propertyW sf aMm on A#sQss o;'s Map 1,Forcers 01 B J n rid er 7 8 7_$0 Mom atreet/Routt)6X,Wit E rnstabte MA m an AF Res+den r'2onmg Cistnct 8 ttf) AA tot, Appear Nurrrber 1s22 Don' acid R ttsr have pQOboned the Ypnmg board App fqr a$pedalPemutuantt©$ rt4 (23hfonortorrnrn} kinsoralructuregfJspde&SingleandTwatitResrdencecTheAPPGcantsproposetoconstructatwoca_r gart3ge on the westery d rideof an erestu9 5C)y oktr on-cQnft rrrang residentief structure arrd a smell Irving`space adckit199 tnthe eastgrly N O-of h dwelling that Vm encroach upon thQ required yardsetbackThgprgpertyisshownonAssessors1tAap20tiParc@1t345andisoornmonljtaddres:edasf5ShortBEa_ch Roeit C_"T"lte MA in an R41 Residential Rat Zoning Distnct. 8{}`P M Richter al Number1ApDonaldandJoanRichterhaveappl0totheZoninghoardo'AFipealgs fo a 1/anertce tb Sectran 3 1 1"(5t Sulk,Fiegirlatioris The applicants propose to construct odd tsons wMiich will ' encroach upon the front yard(comerlot)set back f.quiff eme'ts.Sincg this property he$.b '-nthe,subject matter of.a previous I arianoe repef(App'eal No t 99tk5f33 it petitionersarese;elong to modify that appeal and in the aitematrve Rave petitioned for a•Specie{1'ermrt Appeal No. 1999 23 fhe propeity is shown on Assessor's Map 20G,Warcel 045'andiscommonlyaddressedas15ShortBgach.Road,Centerville,MA in an RD 1 ResidentAl D1z6ioDistnGL 30 E M Cumberland Farms;tnc Appeal Number t 9992ACumberlandFarmslnchaspetitionedtheZoningBoardofAppealsforsSpecialPermitpvrsuanttQSection.3.3:6(3)Cdnditional Uses rn the Highway Business Zoning District to allow reconstruction'and improvement of an exisdrig gasoline/seviee station.to:afuelservice/nuns mart The property is shown on Asses§or s Map 733 Parcel E)83 Aridiscommonlyeddressed.as.t 171.tyartough Road/Route t 32 Hyanrns.MA iri an HF HighwayisBusinessDistnct 8 35.P M ; Curriberland Farms:,inc Appeal Number 1 3,4925CumbedandFamislric.:has IedtotheZonin $ oardofAppeal5foraYarianceto6ectfon36(5) Sulk:RP 9 egulations Section.3 5.2 Groundwater Prot0_606 t`t v'd `bistricisandSection427;Off Stfagt Parfurg Requiternents.Tha Petitipner is rsequesting relief fromthefrorit;and side setbacks the Qiount bf impervious covarage and the par{ong:requirements to allow fortlie recanstn, fion and rrnproverent of an eacisting gascilnelserulee sfatiofr taf4 .r§er iEs srpr naa=.T s.pre,•ty is st r}uvn ar#/Csse;;sars lV1ap 273.J'arcef 33 and is ctirrlY sdn-ve 3'ds d k'l 3i R€dlrtixiEe?32;f-tjtannis=M.A In af z tip}-€aaBusinessJ3isfrrct.. 1ha§e Public Hearings wilt be held in the Fleanng Roorti;Second Boor New Town Hats;367MainStreet; iyannis,:Massachusetts on Wednesday, February 17, 11399: AIt plans`endaPlicationsmaybereviewedattheoiiingBoardofAppealsOffice,Towri bfEianistablepp Planning Depi3rtmenk,23Q South Street;Hyannis:MA; Einrrett Glynn Charmian, on!g Board of Appeals r#ie 13arrrst a b Town of Barnstable Planning Department Staff Report Appeal Number 1999-21 -Murray Use Variance to Section 3-1.4(1) Principal Permitted Uses Date:February 04, 1999 To: Zoning Board of Appeals From: 4,44w •- t ;,l- Approved By: Jd&ie Etsten, Principal Planner Reviewed By: Art Traczyk, Principal Planner Drafted By:Alan Twarog, Associate Planner Petitioner: Claire Murray Property Address:770&780 Main Street(Route 6A),West Barnstable Assessor's Map/Parcel: Map 156, Parcel 016 Area:1.45 acres Building Area: Residence-3,708 sq.ft., Barn/Retail Shop-6,020 sq.ft. Zoning: RF Residential F Zoning District Groundwater Overlay: AP Aquifer Protection District Filed: December 4, 1998 Hearing: February 17, 1999 Decision Due:May 13, 1999(this includes a 60-day extension) Background: The property that is the subject of this appeal consists of a 1.45 acre lot off Route 6A in West Barnstable and is commonly addressed as 770 and 780 Main Street. The site is improved with two structures; a two- story single-family residence and a 1.3 story store/shop building'. The property is located in a RF Residential Zoning District and is serviced by a private well and a private septic system. The applicant is seeking permission to convert the first floor of the single-family dwelling to offices with a single residence above. No exterior changes are proposed. Offices are not an allowed use in the RF District. The applicant is, therefore, requesting a Use Variance to Section 3-1.4(1) of the Zoning Ordinance- Principal Permitted Uses-to allow 3 offices on the first floor of the residential structure and a single residence on the second floor. Staff Review: Current Uses of Property According to the petitioner's application, over the years the single-family dwelling was divided into apartments for which permission was never granted. The applicant should be prepared to provide the Board with information on the current status of these apartments and the current use of this building. The shop/store building was constructed around 1820. According to the West Barnstable Fire Department, there has been a business at this location since the 1940's. Presently, the Barn/shop is being used as a retail store that sells various fabrics. The use of the barn as a retail store is pre-existing nonconforming. The applicant has stated that the proposed offices would be used by fabric designers in connection with this business. There is no manufacturing on site and the applicant is not proposing such a use. According to assessor's records dated 09/18/98 Town of Barnstable-Planning Department-Staff Report Appeal Number 1999-21 -Murray Use Variance to Section 3-1.4(1)Principal Permitted Uses Surrounding Land Uses Single-family residences abut the subject property to the east, west and south. To the north is vacant, undeveloped land. The site is located approximately 1,080 feet west of the VB-B Village Business Zoning District, the largest village commercial center outside of Hyannis. Offices are an allowed use in the VB-B District. Also, there are several nonconforming businesses along the length of Route 6A that have been there prior to the adoption of zoning in Barnstable. Historic District The property is located within the Old King's Highway Regional Historic District. Any changes to the exterior of the structure or any significant changes to the existing landscaping and ground cover would require a Certificate of Appropriateness from the OKH Historic District Commission. The applicant has stated that no changes to the exterior of the single-family residential structure and no additional signage is being proposed for this site. However, the applicant is proposing to increase the parking area by approximately 30%to allow space for the required off-street parking. The parking area currently exists of a gravel surface and the applicant intends on keeping it that way. It was suggested at the Site Plan Review meeting on September 24, 1998 that the applicant check with OKH on whether or not a Certificate of Appropriateness is needed for the expanded parking area. The applicant should be prepared to address this issue before the Board. Site Plan Review The proposal was reviewed by the Site Plan Review Committee on September 24, 1998, and approved under Section 4-7.4(2) of the Zoning Ordinance after the revised plan (dated 10/20/89)was submitted. The following conditions were imposed: Applicant must seek zoning relief from the Zoning Board of Appeals. Check with Old King's Highway office for possible jurisdiction. Applicant must install HP signage. Entrance drive/curbcut on the northwesterly side of the property must be reduced to 25 feet in width. The approved site plan shows a total of 28 parking spaces being proposed. The existing retail space 2,768 sq. ft.), the proposed office space (2,100 sq. ft. with 3 separate units) and the proposed upper floor residence require a total of 26 parking spaces. Staff suggests reducing the proposed parking by 2 spaces to eliminate excess parking and the need to remove ground cover around the rear parking area. Traffic Impacts If restricted to office space for fabric designers, the proposal would generate very little additional traffic compared with general office or medical-dental office space. Staff suggests the applicant provide the Board with information on the expected traffic generation and the proposed number of employees. Will customers or clients be coming to the proposed offices? If the Board is concerned with the amount of traffic that may be generated with 3 offices on this site, they may wish to limit the office use for fabric design only. Variance Findings: In consideration for the Use Variance, the petitioner must substantiate those conditions unique to this property that justify the granting of the relief being sought. In granting of the Variance the Board must find that: unique conditions exist that affect the locus but not the zoning district in which it is located, a literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise to the petitioner, and the relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance. 2 Bzo=G RELIEF BEING SOUGHT HA,° i - ENFORCEMENT BY THE ZONI.;G TOWN OF -.BARNSTABLE MENT OFFICER TO Zoning Board of Appeals CIRC TvCE8 RELIEF GIVEN Ti Application to Petition for a Variance 9 ! --4 Date Received nn For office Use only: Town Clerk Off . Appeal # I of q Q- aLIMHearingDate DEC - 4 1998 Decision Due 5 . 12 q The undersigied o the Zoning Board of Appeals for a variance from the Zoning Ordinanae-.-an; ner and for the reasons hereinafter set forth: Petitioner Name: Claire Murray Phone Petitioner Address: P. 0. Box 307, Osterville, MA 02655 Property Location: 770 & 780 Main Street, West Barnstable Property owner: Same as applicant Phone Address of owner: if petitioner differs from owner, state nature of interest: Number of Years owned:May 9, 1997 Assessor's-Map/Parcel Number: 156/16 Zoning District: RF Groundwater overlay District: AP Variance Requested: 3-1.4 (1) Permitted use in accordance with provisions of 5-3.2(5) cite section & Title of the Zoning ordinance use variance Description of Variance Requested: Petitioner seeks a use variance to allow an office on the first floor of the structure with single residence above. Description of the Reason and/or Need for the Variance: The residence and shop at 770 and 780 Main street have been in common ownership fnr many years. Over the years the residence was divided into apartments for which permission was never (Sew Discription of construction Activity (if applicable) : attached sheet) Internal partitioning - no external changes. Existing Level of Development of the Property - Number of Buildings: 2 4,200 sq.ft. 780Main St. Present use(s) Non conforming shop & residence, Gross Floor Area: 2,768 sq.ft.770 Main St. Proposed Gross Floor Area to be Added: None Altered: 2,100 sq. ft. Is this property subject to any other relief (Variance or Special Permit) from the Zoning Board of Appeals? Yes [ ] No [ if Yes, please list appeal numbers or applicants name